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Ghaffarpour v. Superior Court (Commerce Plaza Hotel)
Timeliness of plaintiffs' motion to disqualify judge depends on Code of Civil Procedure even when contradictory local rule is in place.
Civil Procedure Jan. 30, 2012
Rossa v. D.L. Falk Construction Inc.
Defendant may not recover award of costs for interest expenses and fees incurred to borrow funds to secure appeal bond.
Civil Procedure Jan. 24, 2012
Reyes v. Macy's Inc.
Defendant may not appeal order granting defendant's own motion to compel arbitration of plaintiff’s claims under Private Attorneys General Act of 2004.
Civil Procedure Jan. 20, 2012
Bridgeford v. Pacific Health Corp.
Unnamed putative members of class that was never certified are not bound by collateral estoppel because interests of absent class members were not represented.
Civil Procedure Jan. 19, 2012
White v. City of Pasadena
Police officer's federal discrimination and retaliatory termination claims are precluded by previous state rulings on same issues involved in prior termination.
Civil Procedure Jan. 18, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions.
Civil Procedure Jan. 16, 2012
Mazza v. American Honda Motor Co. Inc.
Class certification order is improper where class members purchased vehicles in different states with different consumer protection laws.
Civil Procedure Jan. 13, 2012
Vegas Diamond Properties LLC v. Federal Deposit Insurance Corp. as Receiver for La Jolla Bank FSB
Sale of properties renders appeal moot where plaintiffs sought to reinstate order prohibiting trustee’s sale, but had not obtained stay of order of dissolution.
Civil Procedure Jan. 9, 2012
Orthopedic Systems Inc. v. Schlein
Court errs in excluding profits gained by company that misappropriated doctor’s name from jury’s special verdict award.
Civil Procedure Jan. 3, 2012
Jewel v. National Security Agency
Plaintiff can establish standing to sue federal government for illegal telecommunications surveillance because claims were highly specific and alleged concrete harms.
Civil Procedure Dec. 30, 2011
Service Employees International Union Local 1021 v. San Joaquin County
Former employee’s retirement during pendency of arbitration does not divest arbitrator of contractually granted power to arbitrate dispute pursuant to agreement.
Civil Procedure Dec. 29, 2011
Dow Chemical Canada ULC v. Superior Court (Fandino)
Knowledge that foreign manufacturer’s end product may eventually be sold in forum state, without more, is insufficient to confer jurisdiction over manufacturer.
Civil Procedure Dec. 22, 2011
R.D. v. P.M.
Sufficient evidence supports second restraining order following pattern of harassment resuming after first restraining order’s expiration.
Civil Procedure Dec. 22, 2011
Tiffin Motorhomes Inc. v. Superior Court (Cummins Inc.)
Defendant-manufacturers being sued under separate warranties are not ‘co-obligators on single contract’ under Code of Civil Procedure Section 877.6.
Civil Procedure Dec. 21, 2011
Crockett & Myers Ltd. v. Napier, Fitzgerald & Kirby LLP
Court commits plain error in concluding its original quantum meruit award included value of referral without considering custom of paying referral fee.
Civil Procedure Dec. 19, 2011
Bardasian v. Superior Court (Santa Clara Partner’s Mortgage Corp.)
Borrowers need not post undertaking where court's decision granting injunction was based on merits.
Civil Procedure Dec. 16, 2011
Sky Sports Inc. v. Superior Court (Hogan)
Right to move to compel arbitration is not waived where party was unable to file motion to compel arbitration prior to class certification.
Civil Procedure Dec. 16, 2011
Voit v. Superior Court (Montano)
Court clerk’s office violates petitioner’s right to access courts where refusing to file form that complies with court rules.
Civil Procedure Dec. 15, 2011
Provost v. Regents of the University of California
Attorney may be designated as party representative authorized to sign settlement stipulation on corporate party’s behalf.
Civil Procedure Dec. 15, 2011
Starpoint Properties LLC v. Namvar
Appeal filed after deadline is untimely and is not extended by motion to set aside judgment if motion itself was untimely filed.
Civil Procedure Dec. 14, 2011
Pirjada v. Superior Court (Pacific National Security Inc.)
Although potential class members’ contact information is generally discoverable, there is no right to precertification class discovery and court must weigh abuse potential.
Civil Procedure Dec. 13, 2011
In re Kinney
Attorney, who was declared vexatious litigant, may not use puppet plaintiff to pursue continued litigation.
Civil Procedure Dec. 12, 2011
Westamerica Bank v. City of Berkeley
Bank fails to state claim of interpleader where bank would not be subject to double claims if it complies with city's demand for distribution of retention funds.
Civil Procedure Dec. 7, 2011
Kaiser Foundation Hospitals v. Wilson
In deciding whether to issue restraining order to prevent workplace violence against employees, trial court must consider all relevant hearsay evidence.
Civil Procedure Dec. 6, 2011
Kim v. Westmoore Partners Inc.
Plaintiff's failure to set forth valid action in complaint and to offer significant evidence to support damage claims warrants reversal of default judgment.
Civil Procedure Nov. 30, 2011
Summerfield v. Randolph
Attorney’s affidavit, which was filed in foreign court to influence issues pending in California court, qualifies for anti-SLAPP protection.
Civil Procedure Nov. 29, 2011
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge.
Civil Procedure Nov. 28, 2011
Malek v. Koshak
Trial court violates due process by imposing restitution order without giving defendant notice and opportunity to be heard on issue.
Civil Procedure Nov. 25, 2011
Sacks v. Dietrich
Arbitral immunity bars claims against arbitrators, who disqualified party from representing client, where plaintiff’s claims arose out of decisional act.
Civil Procedure Nov. 25, 2011
Albano v. Shea Homes Limited Partnership
State Supreme Court's answers to certified questions definitively resolve litigation where rules within answers are not limited to prospective application.
Civil Procedure Nov. 22, 2011